Ashmore v. Estate of Duff

¶1 — In a dispute over the enforceability of a real estate purchase and sale agreement, the Court of Appeals affirmed the trial court’s application of judicial estoppel to order specific performance. The gravamen of judicial estoppel is the intentional assertion of an inconsistent position that erodes respect for the judicial process and the courts. Because the party resisting specific performance did not assert inconsistent positions threatening the integrity of the judicial process, we grant review of the Court of Appeals decision and reverse.

¶2 Elmer and Elsie Duff were married for 30…